Shaw Savill & Albion Co Ltd v The Commonwealth [1953] HCA 24

Shaw Savill & Albion Co Ltd v The Commonwealth [1953] HCA 24

The Admiralty rule that interest is included as part of collision damages is a rule of substantive right and liability, not merely a procedural practice, and the Commonwealth had no ground to avoid its operation; therefore interest was payable on the agreed damage sum.

Jurisdiction
Australia
Procedural Posture
Admiralty Suit for Collision Damage / Reference From the Principal Registrar on Whether Interest Is Payable in the Assessment of Agreed Damages
Outcome
Question answered that interest is payable on the sum of £24,263 7s. 7d. by way of damages; defendant to pay the costs of the reference.
Legal Topics
['collision Damage' 'interest as Damages' 'assessment of Damages' 'substantive Right and Liability']
['admiralty' 'damages'] ['collision Damage' 'interest as Damages' 'assessment of Damages' 'substantive Right and Liability']

Case Brief

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Procedural Posture

Admiralty Suit for Collision Damage / Reference From the Principal Registrar on Whether Interest Is Payable in the Assessment of Agreed Damages

Legal Issues

  1. 1 ['Whether interest on the agreed amount of collision damage should be included in the assessment of damages.' 'Whether the Admiralty rule awarding interest as part of damages was merely a matter of practice and procedure excluded by the rules of the High Court.']

Ratio Decidendi

The Admiralty rule that interest is included as part of collision damages is a rule of substantive right and liability, not merely a procedural practice, and the Commonwealth had no ground to avoid its operation; therefore interest was payable on the agreed damage sum.

Court Disposition

Question answered that interest is payable on the sum of £24,263 7s. 7d. by way of damages; defendant to pay the costs of the reference.

Orders

  • ['In answer to the question in the special case stated by way of reference from the principal registrar determine that interest is payable on the sum of £24,263 7s. 7d. by way of damages.' 'Defendant to pay the costs of the said reference.']